Will My Car Be Impounded After a DUI Arrest in California?

If you are pulled over and arrested for driving under the influence (DUI) in California, you will likely be cuffed and ride to the police station in the back of the arresting officer’s car. So what happens to your vehicle left on the side of the road? After a DUI arrest, there is a high likelihood that your car will be impounded. For more information and to learn about your legal rights during an arrest, contact an experienced Tehama County DUI lawyer today.

Will My Car Be Impounded After a DUI Arrest in CA?

According to California Vehicle Code 22651(h), if a police officer arrests a person driving or in control of a vehicle for an alleged offense, like drunk or high driving, and takes them into custody, they are legally permitted to remove the vehicle from where it was left and have it impounded.

California state law also allows a judge to have your car impounded after you are convicted of a DUI. This is considered part of your sentencing and acts as an additional penalty. First-time convictions will not generally require impounding but it is a consequence more commonly issued to repeat offenders. After a second or third DUI conviction within 10 years, your car could be impounded for up to 30 or 90 days, respectively.

Do I Have to Pay for the Impounded Vehicle?

Yes, if you were arrested for a DUI in California you will be responsible for paying the costs of towing and storing your vehicle in an impoundment lot. Despite the fact that the police had it removed, in order to reclaim possession of the vehicle you will be responsible for the associated costs. These expenses can include towing expenses, daily storage fees, release fees, and administrative costs.

Will My Vehicle Always Be Towed?

The good news is that there is no law stating that your vehicle must be impounded after an arrest for a DUI. Police officers generally have the discretion to decide when to have the car impounded depending on the circumstances of your situation.

You may be able to avoid having your vehicle impounded if there is a sober and legally licensed passenger present who you allow to drive your car home for you. Additionally, if you were pulled over in a parking lot or area where it is safe and legal to leave your car, the officer may allow it to remain there and not have it towed and impounded. These instances are rare but possible.

Whether or not your vehicle will be impounded after you are arrested for a DUI depends on a variety of factors relevant to your case, but in general, it is safe to assume that you will have to collect your car from the impound lot. For more information and legal representation during your case, contact a skilled DUI attorney today.